South African board to summon chairman for leaving committee meeting
The North West Legislative Portfolio Committee on Premier, Finance, Co-operative Governance, Human Settlements and Traditional Affairs, chaired by Hon. Aaron Motswana decided to summon the chairman of the local municipality of Mamusa, Cllr. Olebeng Mogorosi after leaving the Committee meeting where he was supposed to report on compliance with the provisions of the Municipal Structures Act, Municipal Systems Act and Municipal Financial Management Act (Chapter 10) of the municipality .
The President had to confirm the authenticity of the council resolutions appointing or suspending the Chief Financial Officer who was also the Acting City Manager, Mrs. Mercy Phethla, as well as compliance with the MFMA.
He left the meeting questioning the presence of representatives of the Center for Social Justice and Ms. Phethla.
This follows a meeting with the municipality where the mayor, Cllr. Seitebaleng Chelechele informed the Committee that there is anarchy and dysfunction in the municipality due to a number of issues including the illegal appointment of the Acting City Manager, Mr. Gaborone Mothibi and the illegal transactions on the account municipal bank as well as the change of signatories.
Hon. Motswana informed the Committee that the conduct of the President of Mamusa was deplorable and concerning.
“We are going to take drastic measures to summon him because he cannot simply leave our meeting where he was supposed to report on the dysfunction of the municipality. He shows gross arrogance, irresponsibility and a total lack of respect for the procedures of the Legislative Assembly.
Furthermore, he has shown a total lack of respect for the process of law, whether at the municipal level, on the abuse of standing orders and disregard for the laws governing the legislature and prescriptions of the government. local,” said Hon. Motswana.
He said the committee would further enforce the requirements of the Municipal Systems Act, Schedule 1, which deals with the conduct of councillors. “We will also ask the MEC for Cooperative Governance and Traditional Affairs, Lina Miga, to immediately investigate such conduct as we cannot have a President who is a law unto himself,” the Hon. Motswana.
The Mayor of the commune, Cllr. Chelechele informed the Committee that towards the end of November 2021, a board meeting convened by the Chairman, Cllr. Mogorosi removed the acting city manager, Ms. Phetlha, and illegally appointed Mr. Mothibi, who was then director of general services.
“Later that month the bank signatories were changed without my consent as mayor and on January 24, 2022, when we were supposed to pay salaries, we found out through the bank that the signatories had changed again.
“The bank informed us that Mr. Mothibi had changed the signatories and therefore we could not pay the salaries on time. We also found out through the expense manager that an amount of approximately R300,000 had been paid to a service provider that was not in the municipality’s database and that no work had been done. been made to justify such an amount. The bank also said that it was Mr. Mothibi who illegally paid the money and blocked the payment of wages,” Cllr said. Chelechele.
She said MEC Miga was also briefed on the developments in the municipality where she ordered the two city managers including the mayor to submit written reports on what happened.
Hon. Motswana said the committee will also ask MEC Miga to investigate the possibilities of banning the illegal use of the municipal bank account as the mayor informed the committee that public funds were being used illegally. “Use of this account should be prohibited until we are advised of the rightful City Manager as there are currently two Accounting Officers and Chief Financial Officers,” said the Hon. Motswana.
He said the committee will also ask law enforcement to investigate allegations of financial misconduct at the municipality, as it has affected service delivery. “The two accountants as well as the mayor should submit a detailed report on what happened from November 2021 to date. We want copies of the minutes of the board that appointed Mr. Mothibi, notices of those meetings, recordings of all board meetings, and forensic reports on financial misconduct and irregularities,” the statement said. hon. Motswana.
Section 14 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act 2004 (Act No. 24 of 2004) hereinafter referred to as “the Act” is read together with Section 115(a) of the Constitution, read further with the North West Provincial Act. Rule 200(6) of the Legislature gives the Legislature the power to summon persons to appear before it.
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Failure to attend the meeting by persons who have been summoned is a criminal offence, punishable on conviction by a fine and imprisonment as provided in section 17 of the Act .